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Ohio Senate must act on civil forfeiture reform

Adam Brandon, an Ohio native, is the president and CEO of FreedomWorks.

Ohio has the potential to implement major reform that has the power to restore basic American rights back in the hands of its citizens. An intrusive practice known as civil asset forfeiture gives law enforcement the opportunity to trample over Ohioans’ property and due process rights. Consequently, Ohioans are calling for reform.

Residents of Ohio are unhappy with the current forfeiture laws in the state. Fully 81 percent of Ohio citizens agree that the current laws require reform, according to a survey conducted by theU.S. Justice Action Network.

Ohio’s current civil asset forfeiture laws grant law enforcement the ability to seize and permanently keep property assets without charging or convicting individuals with a crime. A mere suspicion or perceived connection to criminal activity is sufficient to strip a person of his or her property. The unfortunate struggle to retrieve one’s property is so cumbersome, many owners choose to relinquish the opportunity to fight in a court setting.

Civil asset forfeiture abuse does not start or end at the state level. The problem is more pervasive and aggressive by way of the federal government.

At the federal level, the Department of Justice took in $93.7 million from federal forfeiture assets in 1986. By 2014, that number rose to $4.5 billion. In fact, Ohio law enforcement regularly takes part in a joint program with DOJ known as the federal Equitable Sharing Program, by which local and state law enforcement team up with federal law enforcement and retain 80 percent of forfeited asset funds.

Over the last decade, Ohio has taken in nearly $80 million through the federal equitable sharing program.

As Americans, “innocent until proven guilty” is a concept embedded in our justice system. Civil asset forfeiture, however, turns that cornerstone tradition on its head by requiring citizens to prove their property’s innocence without conviction of a crime.

One of the more egregious and common examples follows instances where citizens are pulled over during a normal traffic stop; any cash funds found on a person during the stop is often seized under the rationale that cash is the preferred medium in drug transactions.

In Ohio, an innocent property owner must face an uphill battle to retrieve his or her property, despite a lack of evidence and a criminal conviction. He or she is faced with the cost of hiring an attorney and various other legal fees, as well as carrying the burden of proof in court. Additionally, the process from beginning to end can take over a year.

Thankfully, HB 347, sponsored by Reps. Rob McColley, R-Napoleon, and Thomas Brinkman, R-Mount Lookout, would bring much-needed civil asset forfeiture reforms to Ohio. The bill would require a criminal conviction before property would be subject to forfeiture and prohibit equitable sharing with the federal government on property that totals a value less than $25,000.

“We introduced this bill not because the process is being widely abused by prosecutors or law enforcement officials, but because existing law could allow for the abuse of one’s property and Fifth Amendment rights,” McColley stated.

This past May, in a 9-4 bipartisan vote, the Ohio House Judiciary Committee approved HB 347. The bill has languished in the Ohio Senate ever since.

State Sens. Kris Jordan, R-Ostrander, and Cecil Thomas, D-North Avondale, are leading the push to pass and implement reform under the bill in the Senate. Jordan has also introduced a separate bill in the Senate, SB 236 which aims to accomplish the same goals, including heightening the standard of proof from a“preponderance of the evidence” to “clear and convincing evidence.”

Both state senators recently joined a phone call hosted by FreedomWorks and the U.S. Justice Action Network. During the call, it was announced that Ohioans responded to FreedomWorks’ call to action on the bill with 52,000 messages of support sent to Ohio senators.

Ohio, as one of two states to lead the nation in birthing the most presidents and having played a significant role in the Underground Railroad efforts, is uniquely a leader among the states.

Supporting the passage of HB 347 and implementing reform to protect the sanctity of fundamental rights in property is characteristic of the values of the people of Ohio. HB 347’s importance and significance should not be overlooked, but, more importantly, neither should Americans’ property rights.